Winchester Delegation and Mass. Legislature Bring Oversight to Massachusetts’ Unregulated Home Care Industry

BOSTON—State Representatives Michael S. Day and Michelle Ciccolo and State Senators Pat Jehlen and Jason Lewis joined their colleagues in the Massachusetts Legislature in passing An Act to improve Massachusetts home care. The bill establishes a licensure process for home care agencies and strengthens protections for older adults, people with disabilities, and the workers who support them. The new framework will help ensure quality services for consumers and protect home care workers who provide significant support to not only their clients but to their families as well.

"Everyone—consumers and workers—will be safer and better served with home care licensure in place. This legislation is the culmination of years of collaboration with advocates representing older adults, care providers, unions, and regulators to ensure all agencies are vetted, workers are protected, and consumers receive high-quality care. The commissions on Long Term Services and Supports and Family Caregiving are important next steps in providing more affordable options for our residents to access care and services. I am grateful to the Senate President, her team, my co-chair Representative Stanley and his team, along with my fellow conferees," said Senator Patricia D. Jehlen, Senate Chair of the Joint Committee on Aging and Independence and member of the Conference Committee that reconciled this legislation. "Most of us will need long term care at some point, and many will find it very hard to afford. The long term services and supports commission will take the next step toward creating social insurance for long term care, recommending models with variables such as the required contribution and the amount or duration of benefits. Establishing social insurance for long term care will make it possible for many more people to age with financial security."

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"Families across Massachusetts deserve to know when they turn to a home care agency, their loved ones will receive safe and dependable care," said Representative Michael S. Day. "This bill sets clear standards, strengthens oversights, protects our workers and ensures Massachusetts residents can lean on a home care system they can trust."

"This bill establishes new accountability measures to help elderly residents continue to safely live in their homes," said Senator Jason Lewis. "Consistent standards through the licensure system and new oversight from the executive branch will protect residents as well as home care workers."

"Quality home care allows many residents to age in place safely and with dignity," said Representative Michelle Ciccolo. "I was proud to join my colleagues in voting for this bill to protect consumers and workers alike."

Home care agencies provide non-medical services such as bathing, dressing, meal preparation, companionship, and other assistance for residents. The bill directs the Executive Office of Health and Human Services (EOHHS) to implement a new licensure and oversight process. The bill also authorizes EOHHS to approve licenses, survey and investigate home care agencies, and impose fines when appropriate.

Additionally, home care agencies must disclose publicly any individual with at least a five percent ownership interest in the agency, carry workers compensation and liability insurance, and provide appropriate levels of training for their employees.

Highlights of the home care licensure legislation include:

• Establishing a licensure process for home care workers that includes background checks, driving records, and annual training and competency requirements that cover confidentiality rights, emergency situations, documents changes in care, and more.
• Strengthening oversight, transparency, and accountability by requiring that the administration establishes standards for consumer-specific service contracts and metrics for monitoring home care agency performance. The administration may now investigate home care agencies for compliance and impose fines for violations.
• Protecting the workforce by establishing clear procedures to ensure home care workers have safe working conditions, adequate training, and a process for submitting complaints. It also requires home care agencies to provide adequate equipment and supplies and have coverage for worker's compensation and liability insurance.
• Analyzing progress and preparing for the future by establishing special commissions and advisory councils to review and develop new policies relating to home care licensure and family caregiving.

Governor Maura Healey signed this bill into law on August 7, 2026, following its passage in both the Massachusetts Senate and House of Representatives.